An Experienced and Compassionate Los Angeles Wrongful Death Lawyer
Losing a loved one in a tragic motor vehicle accident is one of the most devastating experiences a person can have. While no amount of financial compensation can bring your loved one back, our personal injury law firm in Los Angeles, CA will fight for justice and hold the negligent driver accountable.
If you have suffered a loss due to someone else’s negligent or reckless behavior, our experienced wrongful death attorney can help you file a wrongful death claim and recover financial and non-financial losses. We are experts at handling motor vehicle accident cases, and our compassionate legal team will guide you every step of the way.
Our Los Angeles law firm serves clients in Los Angeles and throughout Southern California. We offer a completely free, no-risk consultation where we can discuss your case and potential outcomes. Call us at (310) 295-1087 to schedule your free consultation.
No Win. No Fee. Guaranteed.
Our Los Angeles personal injury attorney will provide you with exceptional service at zero upfront costs. This is part of our contingency fee arrangement where we will not charge clients for our legal services unless we win your case. Call us to find out more and speak with an attorney for free.
Why Hire Daniel Kim as Your Los Angeles Wrongful Death Lawyer?
Daniel Kim is a well-respected and compassionate attorney who has successfully litigated and won numerous California wrongful death cases. He understands the pain and hardship following a fatal accident, and will work hard to bring justice to the surviving spouse or family member. He has been recognized by The National Trial Lawyers Association as one of the Top 40 Under 40 Trial Lawyers in the U.S. He was also awarded the Platinum (Highest) Client Champion Award from Martindale-Hubbell. In addition to his many awards, here are more reasons to hire Daniel Kim:
- $250,000,000 Recovered For Clients
- 99% Success Rate
- Exclusively Focuses On Motor Vehicle Accidents
- Only Helps Clients Fight Insurance Companies
- Compassionate Team Available 24/7
- No Fee Guarantee – No Fees Unless We Win
Our personal injury law firm is experienced in recovering maximum compensation for clients across Los Angeles and Southern California. Call (310) 295-1087 or contact us online to schedule your free case evaluation.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil lawsuit brought by the surviving family member or spouse to seek financial compensation after the death of a loved one from a negligent or wrongful act. It is separate from a criminal case and does not result in criminal charges or jail time. The goal of a wrongful death suit is to help the deceased’s family recover financially, mentally, and emotionally, as well as hold the at-fault party accountable. A lawsuit can compensate for expenses related to the death, such as medical bills, lost wages, and other out-of-pocket expenses.
Hiring a qualified attorney means you will not only receive legal advice, but you will also have assistance in dealing with the insurance company who may try to minimize your claim. Our firm knows how to handle aggressive insurance companies and will protect clients from settling for less than they deserve. A lawyer can also bring your case to trial if a fair settlement cannot be reached through negotiations.
A lawyer can also help guide you if you choose to file a survival action, which is a lawsuit that the deceased person would have been able to file if he or she survived. The main difference between a survival action and a wrongful death claim is that the survival action seeks to compensate for the pain and suffering of the deceased, rather than the family.
What Is the Statute of Limitations for Wrongful Death Lawsuits?
There is a deadline to file a wrongful death claim. Under the California wrongful death statute of limitations, the plaintiff has two years from the date of the deceased person’s death to file a claim. Our law firm will put your case at the top in order to stay ahead of the deadline.
Who Can File a Wrongful Death Claim?
There are limitations as to who can file wrongful death claims. Generally, only close family members can bring a lawsuit on behalf of the deceased person. However, there are exceptions depending on the circumstances. Speaking with a qualified attorney can help you determine who is eligible to file a wrongful death claim.
Under the California Code of Civil Procedure 377.60, the following people can bring a wrongful death action:
- Surviving spouse or partner
- Surviving children
- Personal representative of the descendant’s estate
Additionally, the following people can file wrongful death lawsuits if they can prove they were financially dependent on the decedent:
- Putative spouse or children of putative spouse
What Damages Are Recoverable in Wrongful Death Cases?
The purpose of a wrongful death claim is to compensate the surviving family members for past and future losses suffered due to the loss of their loved one. These losses, known as damages in legal terms, are separated into two categories: economic damages and non-economic damages. Economic damages are monetary losses and must be proven with bills, receipts, pay stubs, or other valid financial documents. These can include:
- Funeral and burial expenses
- Medical expenses
- Ambulance fees
- Lost wages
- Loss of future earnings
Non-economic damages are intangible losses that are not calculated by a dollar amount. Unlike most personal injury cases, wrongful death lawsuits cannot compensate for the family’s pain and suffering, but can include:
- Loss of love, affection, companionship, care, guidance, moral support, and consortium
- Loss of benefits
In some cases, family members may be able to sue for punitive damages. These damages are meant to punish the person responsible for gross negligence or intent, and can recover compensation for the decedent’s pain and suffering. Speak with an experienced Los Angeles wrongful death lawyer to learn more about the damages you may be eligible to recover.
How Do You Prove Wrongful Death?
In order to prove wrongful death, you must show certain legal elements. Under California law, some of the most important elements in a wrongful death case are:
- The death occurred due to the negligent act of someone else
- You must have sufficient evidence to prove your case
- Must be at least 51% likely that a wrongful death occurred
As with most personal injury claims, negligence plays a major role. Many wrongful deaths are caused by someone else’s negligence, and the plaintiff must prove that a negligent or careless act caused fatal injuries. Below are the elements of proving negligence:
- Duty of Care: Just as a medical doctor has a duty of care to a patient, a driver has a duty to operate their vehicle in a safe manner.
- Breach of Duty of Care: The driver failed to uphold their duty of care by driving while under the influence, speeding, etc.
- Causation: The driver’s negligence caused the death.
- Damages: The surviving family members suffered monetary losses from the death.
A wrongful death lawsuit must be proven by a preponderance of the evidence, known as the burden of proof. This is easier to prove than in a criminal case, where the burden must be proven beyond a reasonable doubt. Proving the elements in a wrongful death and gathering evidence can be complicated. Our experienced Los Angeles wrongful death lawyer can help you navigate the legalities and build a strong claim against the responsible party.
What Are Common Causes of Wrongful Death?
There are many types of wrongful death cases including medical malpractice, product liability, and workplace accidents. At The Law Offices of Daniel Kim, we exclusively represent victims of motor vehicle accidents. Sadly, automobile accidents are one of the leading causes of death in the U.S and the most common cause of wrongful death lawsuits. In 2020 alone, there were 3,847 motor vehicle fatalities in California. Many times, drivers who are under the influence or operate their vehicles recklessly cause fatal accidents and catastrophic injuries. In Los Angeles, pedestrians and cyclists are killed at much higher rates than motorists.
At The Law Offices of Daniel Kim, these are the types of wrongful death claims we handle:
- Car accidents: Speeding, drunk driving, distracted driving, and reckless driving are some of the most common causes of auto-related fatalities in Los Angeles.
- Truck accidents: Accidents involving commercial trucks and other large vehicles are more common on Interstate highways, where truckers drive long distances.
- Motorcycle accidents: Motorcyclists are 28 times more likely than passenger vehicle occupants to be killed in a motor vehicle crash.
- Pedestrian accidents: Pedestrians can be struck and killed by vehicle drivers who operate their vehicles in a reckless or negligent manner. In Los Angeles, pedestrians are at a higher risk of injury or fatality at busy intersections.
- Bicycle accidents: Cyclists and motor vehicle drivers must follow the same rules on the road, but drivers who speed or make improper turns can cause fatal bicycle accidents.
- Rideshare accidents: A rideshare driver who causes a fatality can be held responsible. In some cases, the lawsuit can be brought against the rideshare company.
If you suffered a loss in a fatal accident due to someone else’s negligence, you have the legal right to seek compensation for your losses in a wrongful death case. Our wrongful death lawyer is available 24/7 to discuss your options in a free consultation.
Contact The Law Offices of Daniel Kim Today
If you are considering taking legal action, our Los Angeles wrongful death lawyer can help you seek justice following a tragic loss. We are passionate about helping surviving family members recover compensation to ease their financial burden while holding the guilty party responsible. Through our compassionate legal services, we will make sure you walk away with the closure you deserve. Our attorneys are available for a no-obligation, free consultation at your convenience.
Our firm proudly serves the following areas in Los Angeles County: Agoura Hills, Alhambra, Bell, Bell Gardens, Beverly Hills, Bradbury, Brentwood, Burbank, Calabasas, Cerritos, Commerce, Cudahy, Culver City, El Segundo, Encino, Glendale, Hawthorne, Hidden Hills, Huntington Park, Inglewood, La Cañada Flintridge, Ladera Heights, Long Beach, Malibu, Manhattan Beach, Marina Del Rey, Maywood, Monrovia, Montebello, Monterey Park, Pacific Palisades, Pasadena, Rosemead, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Monica, Sherman Oaks, Sierra Madre, South Gate, South Pasadena, Temple City, Torrance, Van Nuys, Vernon, West Hollywood, Westlake Village, Westwood, and Whittier.START YOUR FREE CONSULTATION